Logick Or the Right Use of Reason in the Inquiry After Truth With a Variety

Cover of book Logick Or the Right Use of Reason in the Inquiry After Truth With a Variety
Categories: Nonfiction

CONTENTS. IV. WISDOM O F OUR COURSE, - - 21 THE WAR WITH SPAIN. May 1, 2, 8, 1898.1 Intervention-The Law and the Practice-America Must Act Alone. THE past few months have wituessed a eon flict of emot


ions in the breast of the people. A traditional policy and a wholesome horror of mar have been drawing them in one direction, whilst indignation at inhuman acts impelled then1 in another. Those who felt the justice of Aimericas position and at the same time valued . the Presidents noble attempt to enforce that position without resort to mar, realized that to l Copyright, 1898, by Theodore Marburg. , 5 6 THE WAR WITH SPAIN. give utterance to their thoughts could only serve to encourage the war spirit and further hamper the president Now that war has begun, it is important to examine candidly the principles involved. The assertion most commonly heard is that we have no right to interfere in the internal affairs of another nation. A fundamental rule of international law is that the independence of a state must be respected. Its laws must be presumed to be fit. and their execution just, and the state must be allowed to accomplish the fulfillment of its own destiny free from outside interference. G e w writers on international law have failed, however, to recognize exceptions to this rule, J and some of the greatest among them include among these exceptions interference on grounds of humanityre cognizes it, and VATTEL sa ys, If the prince, by attacking the fundamental lams of the country, gives his people legitimate THE WAR WITH SPAIN. 7 ground for resistance, if tyranny becomes insupportable and rouses the nation to rebellion, any power has a right to succor the oppressed people if they solicit its aid. Prof. ARNTZ is of the opinion that interference is justified when a government, even though acting quite within the limits of its sovereignty, violates the laws of humanity, either by measures hostile to the interests of other states, or by excessive injustice or cruelty which seriously attack our morals and our civilization. The right of intervention must be recognized because no matter how much the rights of sovereignty and of independence are to be respected, there is one thing even more entitled to respect and that is the right of humanity and of human society, which must not be outraged. WOOLSEY as serts that interference is justified when crimes are committed by a government against its subjects. Acceptaince o f socl1 a principle may, of course, lead to abuses, but CALVO very properly remarks that a principle must be judged by its logical and common results, and not by possible abuses to which it may lead. HALL states that interference for the purpose of checking gross tyranny or for helping the efforts of - . a people to free itself is very co nmonly regarded without disfavor. r These opinions are cited not to prove that intervention on grounds of humanity is authorized by international law many writers, among them a majority of the Italian school, reject it. 0 The opinions are cited simply to shorn that the question is, at least, an open one. A just estimate would probably be that international law has not yet been developed to a sufficient extent to cover all cases of international action and that, furthermore, it has its natural and inherent limitations due to the fact that it lacks a punitive sanction. 3 Behind the law within the state are the police THE WAR WITH SPAIN. 9 and the whole military power of the state. Behind international law there is nothing to enforce its decrees except war...

Logick Or the Right Use of Reason in the Inquiry After Truth With a Variety
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